The division of powers between state and local self-government bodies, as required by the new stage of decentralisation, will most likely come within the framework of the current Constitution. But this must be done in view of the provisions contained in the concept of constitutional amendments proposed by the Government expert group.

This was informed by Vyacheslav Nehoda, First Deputy Minister of Regional Development, Construction, Housing and Communal Services of Ukraine, at the meeting on the organisation of work on the drafting of new editions of the laws “On Local Self-Government in Ukraine” and “On Local State Administrations” as well as other legislation, which defines the powers of local self-government and local executive bodies. 

“Prior to the next local elections, that will take place in the autumn of 2020, we must differentiate the powers between the state authorities and local self-government bodies on a new territorial basis. Otherwise, we will leave the old inefficient governance system in the country non-reformed for years to come,” said the First Deputy Minister.

According to him, it was logical to differentiate powers after changes to the Constitution in the part of decentralisation, which envisage a significant transformation of functions of state administrations and expansion of competences of local self-government bodies at oblast and rayon levels. But the chances that these changes will be adopted by the autumn of 2020 are very small. In addition, a transitional period is needed to launch a new system of territorial organisation of power. 

“Therefore, we must develop new editions of laws within the framework of the current Constitution, but prescribe them in such a way that they take a maximum account of the conceptual vision set forth in the Government’s draft amendments to the Constitution. This will enable us, in case of adoption of constitutional amendments, to easily transform the provisions concerning the powers of local self-government bodies at rayon and oblast levels, functions of local state administrations, etc.,” said Vyacheslav Nehoda.

Experts have already prepared conceptual proposals for the differentiation of powers, to be presented in early July, during the first meeting of the relevant working group at MinRegion. After that, the proposals will be made public for discussion.

In general, according to the expert suggestions, the new editions of the laws have to:

• bring Ukrainian legislation in line with the European Charter of Local Self-Government;
• streamline approaches to defining the powers of local governments at different levels;
• establish a clear procedure for the conditions and transfer of powers of the state to local self-government bodies;
• coordinate the powers of local self-government bodies and functions performed by local state administrations;
• eliminate a conflict of interest in the exercise by local state administrations of powers of executive bodies of local self-government and state supervision functions;
• solve other problems.